Republic Act No. 11917

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[ REPUBLIC ACT NO.

11917, July 30, 2022 ]

AN ACT STRENGTHENING THE REGULATION OF THE PRIVATE SECURITY SERVICES


INDUSTRY, REPEALING FOR THE PURPOSE, REPUBLIC ACT NO. 5487, ENTITLED “AC ACT
TO REGULATE THE ORGANIZATION AND OPERATION OF PRIVATE DETECTIVE WATCHMEN
OR SECURITY GUARD AGENCIES”, AS AMENDED
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. — This Act shall be known as
"The Private Security Services Industry Act.“

Section 2. Declaration of Policies. — The State


recognizes the vital role of the private sector in the
protection of the people and safeguarding of
property as well as maintenance of peace and order
in the country.
Section 3. Definition of Terms. — As used in this Act:
(a) License to Exercise Security Profession
(LESP) refers to a permit issued by the Chief of the
Philippine National Police (PNP) or the duly authorized
representative, recognizing a natural person to be
qualified to perform the duties as security professional
or training personnel.
(b) License to Operate (LTO) refers to a permit
issued by the Chief PNP or the duly authorized
representative, certifying and authorizing a person to
engage in employing and deploying security guards, K9
teams, protection agents, private detectives and other
licensed specialized security personnel.
(c) Pre-Licensing Training Programs refer to
licensing pre-requisite and pre-licensing training
programs that include all training and academic
programs and courses with the objective to
indoctrinate the individual with the basic skills and
educational backgrounds necessary in the effective
exercise and performance of the security and
detective profession. These include, but are not
limited to, the Basic Security Guard Course and the
Security Officers Training Course;
(d) Private Security Agency (PSA) refers to any person,
natural or juridical, who contracts, recruits, furnishes or
posts any security guard, to perform its functions or solicit
individuals, businesses, firms, or private, public or
government-owned or -controlled corporations (GOCCs);
(e) Private Security Industry refers to the industry that
is engaged in providing security consultancy, management,
administration, operation, and provision of private or
company watchman, guarding, investigative work, security
training, K9 security, armored vehicle security services,
alarm system monitoring services, closed-circuit television
(CCTV) suppliers and other providers of security hardware,
security hardware operation, personal protection services,
or security consultant;
(f) Private Security Professional (PSP) refers to a
person who is issued a valid LESP of any classification
or category, issued by the designated government
agency after satisfying all the qualifications and
requirements set forth by this law and its
implementing rules and regulations.
(g) Private Security Services refer to the act of
providing or rendering security services for
compensation pursuant to mutually agreed terms of
reference and contract and shall include the act of
providing or rendering services to watch an
establishment, whether public or private, building,
compound/area or property.
(h) Private Security Training Agency (PSTA) refers to any
person, natural or juridical, who engages in the business of
providing training and academic programs and courses duly
approved and prescribed by the PNP and adopted by the
Technical Education and Skills Development Authority
(TESDA).
(i) Security Consultant refers to a security professional
authorized by law to provide security services such as design
and formulation of a security plan, threat and vulnerability
assessment, resiliency planning, security surveying, security
auditing, risk management, travel security training, event
security planning and management, emergency and incident
planning and management, crisis management, business
continuity and other services related to the formulation of
security-related solutions other than providing guards and
watchmen;
(j) Security Hardware refers to any mechanical or
electrical device, which is designed and used for
the detection of an unauthorized entry into a
facility, for alerting others of the commission of an
unlawful or unauthorized act within a building,
structure or facility.

(k) Security Hardware and Systems Designers and


Planners refer to the security professionals who
specialize in the design of security systems using a
combination of security software and hardware to
address security requirements of a facility and the
training for their operation and maintenance.
CHAPTER II
REGISTRATION AND LICENSING OF PRIVATE
SECURITY AGENCY

Section 4. Private Security Agency (PSA). — Any


Filipino citizen or juridical entity wholly owned
and controlled by Filipino citizens may organize a
private security agency and provide security
services: Provided, That they shall not employ
more than two thousand (2,000) private security
professionals as defined in this Act.
Section 5. PSA Operator or Licensee. — No applicant shall
be granted a license to operate a PSA unless the applicant
possesses the following qualifications:
(a) Must be at least twenty-five (25) years of age;
(b) Must hold a bachelor's degree;
(c) Must be a part owner of the company or in case of
juridical entity, holder of at least one (1) share of stock with
voting rights;
(d) Must be of good moral character;
(e) Must not have been convicted of any crime or
offense involving moral turpitude; and
(f) Must be physically and mentally fit, and passed
the neuro-psychiatric test and drug test administered by
the PNP or other similar government centers and facilities:
Section 6. License to Operate. — A license to
operate issued by the Chief PNP is required to
operate and manage a PSA and PSTA: Provided, That
an LTO for PSTA shall be granted only to a training
school, institute, academy, or educational institution
which offers courses prescribed and approved by the
PNP or training programs accredited by TESDA.
Section 7. Period of Validity of LTO. — The LTO
issued to PSA and PSTA shall be valid for a maximum
period of five (5) years, subject to
renewal: Provided, That the Chief PNP may set a
shorter validity period for LTO with applicable fair
and reasonable fees adjusted accordingly.
Section 8. Fees and Bond to be Paid. — Every
application for LTO shall be accompanied by a bond
issued by competent or reputable surety, fidelity or
insurance company duly accredited by the
Insurance Commission.

Section 9. Administrative Fee of PSAs. — The


minimum administrative fee that may be charged
by PSAs to its clients shall not be less than twenty
percent (20%) of the total contract cost, subject to
adjustment by the Department of Labor and
Employment.
Section 10. Issuance of Firearms. — A PSA shall be entitled
to possess firearms after having successfully passed the
requirements prescribed by the Chief PNP and in
accordance with Republic Act No. 10591 or the
"Comprehensive Firearms and Ammunition Regulation Act“.

Section 11. Uniform. — The uniform of PSPs shall be


different from the uniform worn and prescribed for
members of the Armed Forces of the Philippines (AFP), the
PNP and other law enforcement authorities. The PNP,
through the authorized representative, shall prescribe the
uniform, ornaments, equipment and paraphernalia to be
worn by the PSPs while on duty.
CHAPTER III
PRIVATE SECURITY PROFESSIONALS
Section 12. License to Exercise Security Profession
(LESP). — No applicant shall be granted license to
exercise private security profession unless the applicant
possesses the following qualifications:
(a) Must be of legal age;
(b) Must be a Filipino citizen;
(c) Must be physically and mentally fit;
(d) Must be of good moral character; and
(e) Must not have been convicted of any crime or
offense involving moral turpitude
Section 13. Period of Validity of LESP. — The LESP of
duly qualified PSPs shall be valid for a period of five
(5) years from the date of its issuance.
Section 14. Pre-Licensing Training. — No person
shall be granted an LESP without undergoing the
Pre-Licensing Training Program as defined in
this Act.
Section 15. Ladderized Training and Education. —
The PNP, in partnership with private security
training institutions or public institutions duly
accredited by the government to provide such
training education to private security professionals,
shall develop ladderized training and education
CHAPTER IV
PENAL PROVISIONS
Section 16. Penalties. — Any violation of the provisions of this Act shall,
after due notice and hearing, be subject to the corresponding penalties
herein provided:
(a) A license to operate of a PSA may be cancelled, revoked or
suspended by the Chief PNP when:
1) It takes part in an armed conflict against the government;
2) It uses force or the threat of force or those it represents in a
national or local electoral contest;
3) It uses its authority to be involved in human rights violations;
4) It is used as a privately owned and operated para-military
organization operating outside of the regulatory framework established by
this law and the implementing rules and regulations adopted by the PNP;
5) It intentionally and maliciously makes use of
electronic security devices or remote video surveillance in a
manner that violates the privacy of civilians;
6) It acted with gross negligence in dealing with
violations, or mistakes of its members, or incompetency in its
ranks;
7) Its named operator or licensee is convicted by final
judgement of any crime or felony;
8) It violates any provision of Presidential Decree No.
442, otherwise known as the "Labor Code of the
Philippines," as amended, including its implementing rules
and regulations; and
9) It acted in a manner which renders the PSA a
detriment to the maintenance of peace and order.
(b) Any PSA or any entity which operates without
a valid LTO shall suffer the penalty of a fine of not
less than One million pesos (P1,000,000.00) and
not more than Five million pesos (P5,000,000.00) at
the discretion of the Chief PNP;

(c) Any PSA or any entity which operates with an


expired LTO shall suffer the penalty of a fine of not
less than Fifty thousand pesos (P50,000.00) and not
more than One hundred thousand pesos
(P100,000.00) at the discretion of the Chief PNP;
(d) Any person practicing private security profession without a
valid license or with only an expired license shall suffer the
penalty of a fine of not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred thousand pesos
(P100,000.00) at the discretion of the Chief PNP.(awÞhi( The
same penalty shall be imposed upon a PSA who shall deploy
any person practicing private security profession without a
valid license or with only an expired license;

(e) Any person who offers to render or renders services to


persons or places conducting illegal activities shall suffer the
penalty of imprisonment of not less than twelve (12) years and
one (1) day to twenty (20) years, and a fine of One million
pesos (P1,000,000.00), at the discretion of the court, without
prejudice to criminal prosecution under other laws; and
• (f) Any person who violates any of the provisions of
this Act not mentioned in the preceding subsections shall
suffer the penalty of imprisonment of not less than six (6)
months and one (1) day to six (6) years, or a fine of One
million pesos (P1,000,000.00), or both, at the discretion of
the court, and cancellation or suspension of its license
with forfeiture of the bond without prejudice to criminal
prosecution under other laws.

If the offender is a juridical entity, the penalty shall be


imposed upon the officer or officers of the juridical entity
who participated in the decision that led to the violation of
any provision of this Act, without prejudice to the
cancellation of their license issued by the PNP.
CHAPTER V
MISCELLANEOUS PROVISIONS
Section 17. Implementing Rules and
Regulations (IRR). — The PNP, in consultation with
stakeholders and other national private security
associations, representatives of private security
cooperatives and other stakeholders of the security
industry, and subject to the provisions of existing
laws, shall promulgate the rules and regulations
necessary to implement the provisions of
this Act within ninety (90) days from its effectivity.
Section 18. Separability Clause. — If any part or
provision of this Act is declared unconstitutional, the
remainder of this Act or any provisions not affected
thereby shall remain in force and effect
Section 19. Repealing Clause. — Republic Act No.
5487 is hereby repealed. All other laws, presidential
decrees or issuances, executive orders, letters of
instruction, rules, regulations and administrative orders
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 20. Effectivity. — This Act shall take effect fifteen
(15) days after its complete publication in the Official
Gazette or in a newspaper of general circulation.

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